J & L Stirling Pty Ltd
Incident description:
A concreting contractor was injured when struck in the head, neck and shoulder by an unsecured post leaning against roof guttering. The injury occurred while a Director and workers of the defendant were removing a 9 m steel post from a 1700 mm deep hole. After originally placing the post, it was realised the hole and the post did not align with other posts already positioned. The post was removed manually and placed against the roof guttering.
WHSQ investigation findings:
The defendant adopted a generic work method statement for the site and the work, however, this work method statement was not site specific and did not address the hazard of an unsecured freestanding steel post and the system of work for the temporary storage of steel posts. It did not follow the Workplace Health and Safety Steel Construction Code of Practice 2006 to manage exposure to risk or adopt and follow another way giving the same of level of protection against the risk.
Court result:
The defendant pleaded guilty and was fined $30,000. No conviction was recorded.
Considerations for prevention:
(Commentary under this heading may be additional to material before the court.)Obligation holders performing construction activities must ensure appropriate work method statements outlining how a work activity will be completed are used. Employers must ensure a safe system of work is in place for the temporary storage of materials and they should adopt and follow the Workplace Health and Safety Steel Construction Code of Practice 2006 when undertaking steel construction.
Visit the Workplace Health and Safety Queensland website for more information on:
- work method statement and which work activities require them to be completed
- conducting risk assessments
- implementing controls or evaluating or monitoring them, and
- construction guide.
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Industry:
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Construction
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ANZSIC code:
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4224 |
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Defendant:
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J & L Stirling Pty Ltd
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Defendant ACN:
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070 004 107
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Date of offence:
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31 January 2006
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Location of offence:
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Auchenflower
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Injury:
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Fractured spine
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Circumstance of aggravation:
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Grievous bodily harm
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Court:
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Brisbane Industrial Magistrates Court
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Magistrate:
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Mr Noel Noonan
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Legislation:
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s.28(1) Workplace Health and Safety Act 1995
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Plea:
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Guilty
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Decision date:
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3 April 2008
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Penalty:
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$30,000
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Maximum fine available:
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$375,000
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Investigation costs:
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$1,493.69
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Professional and legal costs:
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$65.40
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Court costs:
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-
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In default period to pay:
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Three months to pay, in default levy and distress
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Conviction recorded:
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No
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CIS event no.:
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44815
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